HOUSE BILL No. 5692

 

May 29, 2012, Introduced by Reps. Walsh, Heise, Zorn, MacGregor, LeBlanc, Horn and Lyons and referred to the Committee on Judiciary.

 

     A bill to amend 1931 PA 328, entitled

 

"The Michigan penal code,"

 

by amending sections 71, 72, and 73 (MCL 750.71, 750.72, and

 

750.73).

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 71. Definition of "burn"—The term "burn" as used in this

 

chapter shall mean setting fire to, or doing any act which results

 

in the starting of a fire, or aiding, counseling, inducing,

 

persuading or procuring another to do such act or acts.Unless the

 

context requires otherwise, the following terms have the following

 

meanings:

 

     (a) "Building", in addition to its ordinary meaning, includes

 

any structure regardless of class or character and any building or

 

structure that is within the curtilage of that building or

 

structure or that is appurtenant to or connected to that building

 


or structure.

 

     (b) "Burn" means setting fire to, or doing any act that

 

results in the starting of a fire, or aiding, counseling, inducing,

 

persuading, or procuring another to do such an act.

 

     (c) "Damage", in addition to its ordinary meaning, includes,

 

but is not limited to, charring, melting, scorching, burning, or

 

breaking.

 

     (d) "Dwelling" includes, but is not limited to, any building,

 

structure, vehicle, watercraft, or trailer adapted for human

 

habitation that was actually lived in or reasonably could have been

 

lived in at the time of the fire or explosion and any building or

 

structure that is within the curtilage of that dwelling or that is

 

appurtenant to or connected to that dwelling.

 

     (e) "Individual" means any individual and includes, but is not

 

limited to, a firefighter, law enforcement officer, or other

 

emergency responder, whether paid or volunteer, performing his or

 

her duties in relation to a violation of this chapter, or

 

performing an investigation of a violation of this chapter.

 

     (f) "Personal property" includes any personally owned property

 

regardless of class, character, or value.

 

     (g) "Physical injury" means a serious injury that includes,

 

but is not limited to, a contusion; loss of a limb or use of a

 

limb; loss of a foot, hand, finger, or thumb, or loss of use of a

 

foot, hand, finger, or thumb; loss of an eye or ear or loss of use

 

of an eye or ear; loss or substantial impairment of a bodily

 

function; serious visible disfigurement; a comatose state that

 

lasts for more than 3 days; measurable brain or mental impairment;

 


a skull fracture or other serious bone fracture; subdural

 

hemorrhage or subdural hematoma; loss of an organ; heart attack;

 

heat stroke; heat exhaustion; smoke inhalation; a burn including a

 

chemical burn; or poisoning.

 

     (h) "Prior conviction" means a previous conviction for a

 

violation of this chapter that arises out of a separate

 

transaction, whether under this chapter, a local ordinance

 

substantially corresponding to this chapter, a law of the United

 

States substantially corresponding to this chapter, or a law of

 

another state substantially corresponding to this chapter, but does

 

not include a violation of section 79(1)(a).

 

     Sec. 72. Burning dwelling house—Any person who wilfully or

 

maliciously burns any dwelling house, either occupied or

 

unoccupied, or the contents thereof, whether owned by himself or

 

another, or any building within the curtilage of such dwelling

 

house, or the contents thereof, shall be guilty of a felony,

 

punishable by imprisonment in the state prison not more than 20

 

years.

 

     (1) A person who willfully or maliciously burns, damages, or

 

destroys by fire or explosive any of the following or its contents

 

is guilty of first degree arson:

 

     (a) A multiunit building or structure in which 1 or more units

 

of the building are a dwelling, regardless of whether any of the

 

units are occupied, unoccupied, or vacant at the time of the fire

 

or explosion.

 

     (b) Any building or structure or other real property if the

 

fire or explosion results in physical injury to any individual.

 


     (c) A mine.

 

     (2) Subsection (1) applies regardless of whether the person

 

owns the dwelling, building, structure, or mine or its contents.

 

     (3) First degree arson is a felony punishable by imprisonment

 

for life or any term of years or a fine of not more than $20,000.00

 

or 3 times the value of the property damaged or destroyed,

 

whichever is greater, or both imprisonment and a fine.

 

     Sec. 73. Burning of other real property—Any person who

 

wilfully or maliciously burns any building or other real property,

 

or the contents thereof, other than those specified in the next

 

preceding section of this chapter, the property of himself or

 

another, shall be guilty of a felony, punishable by imprisonment in

 

the state prison for not more than 10 years.

 

     (1) Except as provided in section 72, a person who willfully

 

or maliciously burns, damages, or destroys by fire or explosive a

 

dwelling, regardless of whether it is occupied, unoccupied, or

 

vacant at the time of the fire or explosion, or its contents, is

 

guilty of second degree arson.

 

     (2) Subsection (1) applies regardless of whether the person

 

owns the dwelling or its contents.

 

     (3) Second degree arson is a felony punishable by imprisonment

 

for not more than 20 years or a fine of not more than $20,000.00 or

 

3 times the value of the property damaged or destroyed, whichever

 

is greater, or both imprisonment and a fine.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.

 

     Enacting section 2. This amendatory act does not take effect

 


unless all of the following bills of the 96th Legislature are

 

enacted into law:

 

     (a) Senate Bill No. _____ or House Bill No. 5693(request no.

 

05786'12).

 

     (b) Senate Bill No. _____ or House Bill No. 5694(request no.

 

05787'12).